Here are simple rocket science (read it as part and parcel) on RCR [strategies]:-
Some guan on “intentions” when one files RCR:
-
Letting the ld. court and her side know you still love her (weather or not is not your botheration keep that as short change)
2. Letting the ld. court officially know the date of your separation / desertion. This is important for other proceedings as certified copy of the RCR plaint comes handy convincing other ld. Courts remember that.
3. Getting your wife into the ld. court with hopes to reconcile and no grudge that would lead to counter blast from her side, basically the honest idea here is you do not want her to be coming to the ld. court and spinning any yarns of dowry demands or domestic violence or harassment stories etc.. And when she appears and she too would be filing her objections and if those objections do not have the mention of dowry or violence or harassment – pops what; have you not got the legal proof of your innocence then? Gentlemen think aloud now J
4. Proving to the ld. court she deserted and so she is the reason for the breakup of your marital life !
Some Aspirins for chicken souls (actually read it as some notes to husbands) :
1. In or during RCR do not put allegations in writing, whatever you want to blast (remember aggrieved husband take it as their rights to blast in Court when false charges are leveled against them so wake up now) blast verbally as solid submissions before ld. Court but end of it tell ld. Court that though all these happened you still love her sooooooo very much and cannot think of living without her and that you will forget everything and you could start from the scratch with her.
2. In Divorce market the observation that I gathered during discussions among affected husbands and reading case laws the golden advise of RCR Rules is - keep the RCR as a “Sales Deal” which was being pushed by your chacha, mama. kakas that you do not want to close but at the same time you do not want to hurt the intentions of these chacha, mama, kakas - so during RCR keep your wife and folks in good humour and be sure you are in control ! Well whenever a Court Case goes onto the floor of a Ld. Court the husband side family always insist to give you a story line on dharma without realizing that you present karma is currently taking a roller coaster ride; remember Indian marriage continutity is all about one Great Family Tamasha nothing else where a husband has to keep on pleasing everyone left and right J
3. Now if you are successful in getting your wife to the ld. courts and filing objections and making statements the way you want - have you not got what we want out of your RCR? That is why I said no. of times here in lots of postings that RCR is one very powerful weapon and the user should carefully read the User Manual before taking the shell out of its resting casing!
4. By mentioning even one allegation you would be creating bad blood that would instigate your wife’s side to file S. 498 IPC and the heap loads of other cases. Keep the allegations part pending until the evidence and cross examination time.
Here are some gyan on what are the “advantages” of filing RCR?
1. Filing RCR produces a legal document that you both are staying separately. Now I won’t repeat again why, read above.
2. Gives an advantage to you in case you are looking for anticipatory bail for 498a. Remember this is extra special virgin olive sample you have just bought off the shelf and you may not have the slightest idea what an AB is all about till MADAM and PP (public prosecutor) specially keep on repeating how bad you and your entire family are and what you are doing in Court – standing with folded hands and all your old folks are begging for AB this is the extra WMD she and PP has in their power till AB is granted after one gets AB it is all matter of trial and looking at dismayed acquittal statistic of S. 498a IPC cases you already scored your sides first four runs by getting AB.
3. Legally proving to the ld. court that she and only she was the cause of the marriage breaking by deserting you and not you!! Na how you can be, see you are doing all you can to recall deserting wife to matrimonial home that also on record and toping it with “genuine intent” like you order your Pizza the counter girls asks you which topping siree so here you are saying RCR !
4. You get a leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn't want to join you. See extra special ground useful in S. 125 CrPC where the condition to grant maint. is “reasonable ground to live separate from husband” Now what she has to show to
5. It proves that the wife has not looked into the benefit of the child by deserting you and breaking the family for her whims and fancies. Solid ground see !
6. The above point will in turn give you advantage in child custody suit as and when you file but remember to file it within 6 months of her departure from matrimonial home otherwise whole lot of other issues such as “child ordinary jurisdiction” and related issues crops us which are difficult to handle at trail Court level and you will start running to Delhi (read it TP (C) before Hon’ble SC).
Here are bottom line gyan on what are the “disadvantages” of filing a RCR?
1. It increases the risk of false 498a against you.
P.S.:
1. I could think right now of only one i.e. above sub- para 1; if do you think differently
than me then educate me too at your leisure!
2. I hav eintentionally put some thoughts in a Folder icon in case somemore valuable
insights gets added into it by ld. family law members for which in advance Thank
You.
